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2014 DIGILAW 2227 (ALL)

Ramkumar v. State of U. P.

2014-07-28

ARVIND KUMAR TRIPATHI

body2014
JUDGMENT Hon'ble Arvind Kumar Tripathi, J. List revised. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding in complaint case No. 518 of 2013(Smt. Vineeta Vs. Ramkumar & others), under sections 12, 17, 18, 19, 20, 21, 22, 23 of the Protection of Women From Domestic Voilence Act, police station Nawabad(City), district Jhansi, pending in the court of Additional Chief Judicial Magistrate, Court No.6, Jhansi, and further prayer is to stay the proceeding of aforesaid complaint case. 3. It is matrimonial dispute. Vide order dated 21.4.2014 matter was referred to mediation centre provided a sum of Rs.25,000/- was deposited. As per office report dated 1.7.2014 amount has not been deposited in compliance of aforesaid order. 4. However, in the interest of justice, and in view of the facts and circumstances, if an application is moved on behalf of applicants within 30 days from today before the court below and Rs.1,000/- is deposited in cash before the court below in favour of Mediation Centre and a draft for a sum of Rs.5,000/- is deposited in favour of opposite party no.2, Smt. Vineeta Sahu, the matter will be referred to the mediation centre situated at district court Jhansi. The aforesaid draft, if deposited, in the name of opposite party no.2 shall be handed over to her on her first appearance. 5. Till report of the mediation centre is received, no coercive steps shall be taken against the applicants. 6. After receiving the report/settlement of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to continue the criminal proceedings hence the proceeding of aforesaid complaint case shall stand dropped in view of the judgement of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675, and the present order passed by this Court. 7. However, if mediation fails and applicants appear before the courts below within 30 days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day, in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. 7. However, if mediation fails and applicants appear before the courts below within 30 days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day, in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437 . 8. With these observations, application filed under Section 482 Cr.P.C. is finally disposed off. Interim order, if any, stands discharged.